Relentless Inc. v. U.S. Department of Commerce
A district court denied fishing vessel owners' motion for summary judgment in a challenge to an NMFS rule that sometimes requires vessels fishing for Atlantic herring to bear costs associated with carrying aboard a mandated at-sea monitor. The owners argued the rule was unlawful and should be set as...
Center for Biological Diversity v. U.S. Fish and Wildlife Service
A district court granted summary judgment for environmental groups in a challenge to FWS' decision not to designate critical habitat for the eastern black rail. The groups argued the determination that designating critical habitat for the species was "not prudent" was inconsistent with the Service's...
American Wild Horse Campaign v. Raby
The Tenth Circuit reversed a district court ruling in challenges to BLM's 2022 amendments to its regional management plan for wild horses in southern Wyoming that changed two "herd management areas" to "herd areas." Wild horse advocacy and conservation groups argued the amendments, which reduced the...
Alaska v. National Marine Fisheries Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for NMFS in Alaska's challenge to the Service's negative 90-day finding on the state's petition to delist the Arctic ringed seal as a threatened species under the ESA. The appellate court found NMFS reasonably determined that new...